Celebrate The Civil Gideon Movement

Monday, May 25, 2009

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 28 attorneys, disbarring 10, suspending 16 and placing two on probation. Some attorneysreceived more than one form of discipline. Two attorneys were reprimanded. Twowere ordered to pay restitution.

As an official agency of the Florida SupremeCourt, The Florida Bar and its Department of Lawyer Regulation are charged withadministering a statewide disciplinary system to enforce Supreme Court rules ofprofessional conduct for the 86,000-plus lawyers admitted to practice law inFlorida. Since Aug. 1, 2007, case files have been posted to attorneys’individual Florida Bar profiles and may be reviewed at and/or downloaded fromThe Florida Bar’s Web site, www.floridabar.org.

(Bloggers Note: This is a great service, all about truth & TRANSPARENCY in government and the JustUS system. Why cant every state have one? Just try getting any info on attorney dicipline in New York. That stuff is treated like priority top secret here!)

The following lawyersare disciplined (Please note that court orders are not final until time expiresto file a rehearing motion and, if filed, determined. The filing of such amotion does not alter the effective date of the discipline):

James HarutunBatmasian, 215 N. Federal Highway, Suite 1, Boca Raton, suspended for threeyears, effective retroactive to Aug. 30, 2008, following a March 5 court order.(Admitted to practice: 1974) In April 2008, Batmasian pleaded guilty in federalcourt, to one count of willful failure to collect or pay over tax, a felony. Hewas sentenced to eight months imprisonment, followed by two years of supervisedrelease and penalties of $30,000. (Case No. SC08-1445)

Daniel Antonio Benito,2423 SW 147th Ave., No. 362, Miami, suspended until further order, following aMarch 3 court order. (Admitted to practice: 1997) According to an emergencysuspension order, Benito appeared to be causing great public harm bymisappropriating and/or diverting client funds entrusted to him. In oneinstance, a client sent $80,000 to Benito to be held in trust for the purpose offunding a marital settlement agreement. When the settlement did not materialize,the client demanded the return of the funds and Benito refused, claiming he wasentitled to them for attorney’s fees. (Case No. SC09-372)

Roger Besu, 233Palm Ave., Miami Beach, suspended until further order, following a Feb. 5 courtorder. (Admitted to practice: 1974) According to an emergency suspension order,Besu appeared to be causing great public harm by misappropriating and/ordiverting client funds entrusted to him. In October 2008, a client filed acomplaint with The Florida Bar, alleging that Besu was holding more than $3.5million of his money in escrow and he had not been able to reach Besu bytelephone or at his office. Besu did not respond to a Bar subpoena. An auditrevealed nearly $2 million was missing from a trust account that hecontrolled.(Case No. SC09-187)

A. Clark Cone, 8607 Wendy Lane E., WestPalm Beach, suspended until further order, following a March 19 court order.(Admitted to practice: 1981) According to an emergency suspension order, Coneappeared to be causing great public harm. The Florida Bar’s investigation foundthat in several instances, Cone misappropriated client funds. After settling apersonal injury case, Cone asked a client to endorse her $38,940.38 settlementcheck. Cone then deposited the money into his trust account and converted it tohis use. (Case No. SC09-474)

Joseph R. De Lucca, 5089 Greenwich Preserve Ct., Boynton Beach,suspended until further order, following a March 11 court order. (Admitted topractice: 1971) According to an emergency suspension order, De Lucca appeared tobe causing great public harm by misappropriating client trust funds or property.A Florida Bar audit found that De Lucca had a negative balance of $35,572.91 inhis trust account, after using client funds for his own purposes. (Case No.SC09-430)

Susan Lynn Eberle, 4437 Koger St., Orlando, suspended for 91 days,effective 30 days from a March 24 court order. (Admitted to practice: 1985)Eberle is being held in contempt of court for noncompliance with Florida SupremeCourt orders. In March 2006, Eberle was suspended for 30 days and placed onprobation for two years. She violated the terms of that probation and in August2007, Eberle was given an additional two years probation to run consecutivelyafter the first. (Case No. SC08-2405)

Delaila Jannette Estefano, 9200 S. DadelandBlvd., Suite 204, Miami, suspended until further order, following a March 9court order. (Admitted to practice: 1999) According to an emergency suspensionorder, Estefano appeared to be causing great public harm. A criminal casepending in the Miami-Dade County Circuit Court alleges that Estefano, workingwith two others, engaged in a systematic, ongoing course of conduct with intentto defraud and/or obtain property from a mortgage lender by false pretenses. Aninvestigation by the Miami-Dade Police Department revealed the use of Estafano’slaw firm escrow account in the alleged fraudulent activities. (Case No.SC09-384)

Christina Gomez, 4440 S.W. ArcherRoad, Apt. No. 726, Gainesville, disbarred effective retroactive to Sept. 8,2008, following an April 2 court order. (Admitted to practice: 1992) Gomezparticipated in at least three fraudulent financial transactions, one of whichresulted in her receiving approximately $835,000. Because she failed to provideall the required subpoenaed records, The Florida Bar has so far been unable toconduct a complete audit to determine the magnitude of fraud andmisappropriation that may have occurred. (Case No. SC08-2139)

RafaelGonzalez, 6309 Wild Orchid Drive, Lithia, suspended for three years, effective30 days from an Oct. 2, 2008 court order. (Admitted to practice: 1991) Gonzalezwas initially suspended for 14 days in September 2007 and violated the terms ofthe court’s order by practicing law. (Case Nos. SC07-2314 and SC08-434)

WebbGreenfelder, P.O. Box 353, San Antonio, suspended for 91 days, effectiveimmediately, following a March 5 court order. (Admitted to practice: 1998)Greenfelder was arrested when police investigated a domestic violence incidentat his home. Charges were later dropped. Greenfelder has been ineligible topractice law since October 2005 as a result of not paying his Florida Bar dues.He is also delinquent with his continuing legal education requirements. (CaseNo. SC08-1497)

Gloretta Hankins Hall, 221 S.E. Osceola St., Stuart, toreceive a public reprimand, following a March 5 court order. (Admitted topractice: 1991) In May 2006, Hall was the supervising lawyer on a malpracticecase and her associate was assigned to manage the case. Hall failed to monitorthe associate’s activities in the case and hired her sister to act as an expertwitness, because the associate had not hired a nurse expert. At a later date,Hall learned that her sister provided testimony at the deposition that was nottruthful regarding their familial relationship. (Case No. SC08-1730)

JosephI. Harrison, 800 S. Douglas Road, Suite 450, Coral Gables, disbarred for fiveyears, effective 30 days from a March 20 court order. (Admitted to practice:2006) Harrison was further ordered to pay restitution totaling $90,800 to twoclients. In at least three separate cases, Harrison charged excessive fees butprovided no significant legal services. He deposited funds in his operatingaccount instead of a trust account as required and knowingly made falsestatements to a third party. (Case Nos. SC08-76, SC08-575 and SC08-804)

DavidRobert Heil, 2324 Lee Road, Winter Park, suspended for 10 days, effective 30days from an April 2 court order. (Admitted to practice: 1984) In December,2002, Heil was hired to represent a client in a personal injury case. In October2007, without giving prior notice to the client, Heil filed a notice ofvoluntary dismissal and subsequently, the statute of limitations ran out on thecase. (Case No. SC08-1748)

George Nicholas Konstantakis, 44 Cocoanut Row,Suite M210, Palm Beach, disbarred for five years, effective 30 days from a March5 court order. (Admitted to practice: 1987) He was further ordered to payrestitution of $26,680 to a client’s living revocable trust. In 2004,Konstantakis agreed to represent a client in civil proceedings. Thereafter, hefailed to attend the hearings, show up for trial and communicate with theclient. The client was unaware of the final judgment until she was served withan order of contempt in December 2006 for failure to provide financialinformation. (Case Nos. SC08-917 and SC08-1550)

Jeffrey Merrill Leukel, P.O. Box 8004,Sanford, suspended for 90 days, effective retroactive to Oct. 20, 2008,following an April 1 court order. (Admitted to practice: 1986) Leukel wasfurther placed on probation for three years and ordered to enter into a contractwith Florida Lawyer’s Assistance. In September 2008, Leukel pleaded no contestto driving while his license was permanently revoked, a third-degree felony.(Case No. SC08-1957)

Jerona Charmaine Maiyo, 6996 Piazza Grande Ave., Suite309, Orlando, disbarred effective immediately, following a March 26 court order.(Admitted to practice: 2001) Maiyo failed to perform her duties as a lawyer. Sheaccepted retainer fees from clients and did not perform work. In some instances,Maiyo abandoned the cases without giving notice. She did not inform The FloridaBar of her correct address, so at one point, all correspondence mailed to herwas returned as being unclaimed and not forwardable. In December 2007, Maiyo wassuspended for failure to complete her continuing legal education requirements.(Case No. SC08-1747)

Andrew William Menyhart, P.O. Box 541739, MerrittIsland, suspended until further order, following a March 19 court order.(Admitted to practice: 1992) According to an emergency suspension order,Menyhart appeared to be causing great public harm by misappropriating funds fromhis trust account. In one matter, a $19,000 check written on Menyhart’s trustaccount was returned due to insufficient funds. On another occasion, Menyhartwrote a check to a client as partial payment of a settlement. That check wasalso returned. An audit by The Florida Bar found that Menyhart altered bankstatements to show that he was still holding funds for a $100,000 estate, whenin fact, he was not. (Case No. SC09-475)

Gary Michael Murphree, 142 BeaconBlvd., #A, Miami, suspended for one year, effective retroactive to Sept. 15,2008, following an April 2 court order and placed on probation for three years,effective immediately. (Admitted to practice: 1994) In May 2008, Murphree wasfound guilty in circuit court of possessing cocaine and drug paraphernalia withintent to use. Murphree failed to notify The Florida Bar, as required, of thecharges. (Case No. SC08-1534)

Gregory F. Pillon, 730 NW 40th Ave., Miami,disbarred effective retroactive to Sept. 12, 2007, following an April 2 courtorder. (Admitted to practice: 2004) In May 2007, Pillon pleaded no contest toobtaining a mortgage by false representation, a felony. The plea agreementprovided that Pillon would surrender his license to practice law. (Case No.SC07-1681)

David Philip Ryan, III, 250 Catalonia Ave., Suite 804, CoralGables, suspended until further order, following a March 3 court order.(Admitted to practice: 1997) According to an emergency suspension order, Ryanappeared to be causing great public harm by misappropriating and/or divertingfunds entrusted to him. A Florida Bar audit revealed that Ryan used client fundsto satisfy personal matters. (Case No. SC09-338)

Fred Rowan Tokarsky, 11156 CypressTrail Drive, Orlando, suspended for three years, effective immediately,following a March 5 court order. (Admitted to practice: 1997) In August 2008,Tokarsky was found guilty in federal court of three felonies: devising a schemeto defraud through mail fraud, conspiracy to commit mail and wire fraud, andtheft of government funds. (Case No. SC08-2100)

James Dean Wood, 870 115th Ave.,Treasure Island, to receive a public reprimand, following a March 5 court order.(Admitted to practice: 1994) Wood received $25,000 to handle a case. Heinitially traveled from Pinellas County to Miami to meet with the client. Afterthat, there is no evidence that Wood researched the case or communicated withthe client. (Case No. SC08-1767)

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About Me

Lifetime Student in school of Hard Knocks.Born in Troy NY home of UncleSam,FALLOUT Capital of the Nation(google"The Troy Incident")other places I called home; Tucson & Bullhead City, Az., Seattle,Wa.,Taos,Ojo Caliente &Santa Fe,NM, LasVegas,Searchlight,Goodsprings,Jean,& Laughlin,NV.,San Francisco, Ca.,Portland,Or.,just 2 name a few. Places I have worked are bars, horse & dog tracks and casinos, and, later in life,law firms & with lawyers. Now in retirement,I stay home & mind my little mini-farm. In my spare time I pretty much live vicariously through the wonders of the www. I guess you could say (ala Eddie Rabitt) that I am - bloggin my life away,....lookin for & workin towards a better day, ohhh yeah. But however you look at it, there aint no gettin' around it, I'm jus' an ole' x-hippy-chick, struggling ever "onward through the fog" of life,....still here, still standin,..still laughing, after all these crazy years, and whats more amazing yet, still with at least some functioning brain cells!(Though through absolutely no fault of my own. Thank U geezis or whatever powers that be!)